Alex Schymyck, of the Garden Court Chambers Public Law Team, represented the Claimant, instructed by Halima Safa Ahmed of Duncan Lewis Solicitors.
In R(Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), the High Court ordered the Defendant to release the Claimant from immigration detention to Schedule 10 accommodation.
The case was unusual in that the Claimant did not resist deportation, and wished to leave the UK, but the Defendant had not deported the Claimant because there were outstanding Proceeds of Crime Act proceedings against the Claimant in the Crown Court. Mr Justice Sheldon concluded that it was strongly arguable that the Defendant’s decision to maintain detention was for an improper purpose. This is a rare instance of the Court identifying a breach of Hardial Singh 1.
The judge went on to conclude that the Defendant was obliged to provide the Claimant with Schedule 10 accommodation, unless and until, the Claimant was able to obtain the release of funds, which had been frozen by the Crown Court in the Proceeds of Crime Act proceedings. The judgment provides helpful guidance on the interplay between those proceedings and immigration detention.
Find out more about Alex Schymyck's practice here. He accepts instructions in Administrative and Public Law, Immigration, Community Care, Mental Health and Actions Against the Police.
